Chapter 17.80
REGULATION OF RECYCLING FACILITIES
Sections:
17.80.010 Findings.
17.80.020 Purpose.
17.80.030 Definitions.
17.80.040 Permits required.
17.80.050 Exemptions.
17.80.060 City/district exemption from permit.
17.80.070 Building permit required.
17.80.080 Criteria and design standards.
17.80.010 Findings.
A. The adoption of the Regulation of Recycling Facilities chapter, which will regulate the construction, installation, location and activities of all recycling facilities by use permit, is consistent with the goals and policies of the Foster City general plan, in that Foster City recognizes the California Beverage Container Recycling and Litter Reduction Act, Assembly Bill 2020, adopted by the California Legislature in September 1986, to encourage a greater amount of recycling by beverage consumers and a reduction in the amount of container litter in California, and that certain methods of regulating are more appropriate and consistent with the design and aesthetic objectives of Foster City.
B. The regulation of recycling facilities ordinance as proposed would not be detrimental to the health, safety and welfare of surrounding residents, the character of the existing neighborhoods or the community as a whole, in that the use permit process provides the city with adequate discretionary control and specific requirements, such as compliance with noise standards and proximity to residential districts. (Ord. 343 § 1 (part), 1988)
17.80.020 Purpose.
The purpose of this chapter is:
A. To make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and to increase the recycling of reusable materials;
B. To regulate the construction, installation, location and activities of recycling facilities and to adopt a comprehensive and easily understood program of permitting and regulating such uses. (Ord. 343 § 1 (part), 1988)
17.80.030 Definitions.
A. Recyclable Material. “Recyclable material” is reusable material, including but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. “Recyclable material” does not include refuse or hazardous materials. “Recyclable material” may include used motor oil.
B. Recycling Facility. A “recycling facility” is a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
1. Collection Facility. A collection facility is a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Collection facilities may include the following:
a. Reverse vending machines;
b. Small collection facilities which occupy an area of not more than five hundred square feet and may include:
i. A mobile unit,
ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet,
iii. Kiosk-type units which may include permanent structures;
c. Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.
2. Processing Facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of materials for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day.
b. A heavy processing facility is any processing facility other than a light processing facility.
c. A reverse vending machine is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.
d. A mobile recycling unit is an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. (Ord. 343 § 1 (part), 1988)
17.80.040 Permits required.
No person or business shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section.
A. Application Procedure. An application for a use permit shall be made by the property owner(s) or their designated representative(s) and shall provide the following information:
1. Site and landscaping plans of the property in question drawn to scale;
2. Scaled elevations of the proposed recycling facility and screening;
3. A colors and materials board clearly showing all colors and materials and demonstrating how the colors and materials proposed relate to those of the site;
4. Photographs of the recycling facility in operational condition at existing installations;
5. Perspective drawings of various views of the recycling facility (as proposed);
6. Information demonstrating to the satisfaction of the city how public safety will be adequately protected;
7. Information describing the following shall be submitted:
a. Operational aspects of the recycling facility (administration, hours, etc.),
b. Regular maintenance that must be performed and who will be responsible for it.
Recycling facilities may be permitted as set forth in the following table:
|
Type of Facility |
Zones Permitted |
Permit Required |
|---|---|---|
|
Reverse vending |
All commercial |
Use permit* |
|
machines |
Light industrial |
|
|
Small collection |
All commercial |
Use permit |
|
|
Light industrial |
|
|
Large collection |
Light industrial |
Use permit |
|
Light processing |
Light industrial |
Use permit |
|
Heavy processing |
Not allowed in any |
No permits |
|
|
zoning district |
issued |
* Reverse vending machines located inside an existing building do not require city authorization.
B. Fee. In accordance with the planning application permit fee schedule adopted by the Foster City city council.
C. Use permits for recycling facilities will be approved for a twelve-month probation period. Following the permit anniversary, the use permit will be reconsidered by the planning commission to determine if the facility is operating satisfactorily. At such time, the planning commission may amend, recondition or revoke the use permit. (Ord. 343 § 1 (part), 1988)
17.80.050 Exemptions.
Exemptions to the provisions of this chapter shall be granted subject to the provisions of state law. (Ord. 343 § 1 (part), 1988)
17.80.060 City/district exemption from permit.
Recycling facilities intended for use by the city of Foster City/Estero Municipal Improvement District are exempt from the regulations of this chapter. (Ord. 343 § 1 (part), 1988)
17.80.070 Building permit required.
Prior to installation of any recycling facility, the applicant must submit plans to the building division for determination of permits required. (Ord. 343 § 1 (part), 1988)
17.80.080 Criteria and design standards.
All recycling facilities shall meet the applicable criteria and standards as required by this chapter or any other regulation of the city, provided that the director of planning, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter, or to protect the health, safety and welfare of the public, community and the environment.
The criteria and design standards for recycling facilities are as follows:
A. Reverse Vending Machines. Reverse vending machines, located within an existing commercial building or structure, set back at least ten feet from the storefront windows and placed such that there is minimal view of them when viewed from the exterior of the building, shall not require a use permit. Reverse vending machines located outside of a building require a conditional use permit. Reverse vending machines do not require additional parking spaces for customers and may be permitted in all commercial and industrial zones, provided that the following standards are complied with:
1. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city of Foster City;
2. Shall be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;
3. Shall not occupy parking spaces required by the primary use;
4. Shall occupy no more than fifty square feet of floor area per installation, including any protective enclosure, and shall be no more than eight feet in height;
5. Shall be constructed and maintained with durable waterproof and rustproof material;
6. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to contact if the machine is inoperative;
7. All signs shall comply with the provisions of Section 15.12.330;
8. Reverse vending machines shall be maintained in good appearance and condition and kept clean;
9. Shall be in operation at least during the operating hours of the host use;
10. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. All illumination shall require prior city authorization;
11. The planning commission shall review reverse vending machine structures on the basis of height, scale, colors, materials, location, screening, signage and basic architectural compatibility with the site and surrounding uses.
B. Small Collection Facilities. Small collection facilities may be sited in commercial and industrial zones subject to a conditional use permit, provided they comply with the following conditions:
1. Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city of Foster City;
2. Shall be no larger than five hundred square feet and occupy no required parking spaces;
3. Small collection facilities at Alpha Beta, Lucky and Safeway shall be sited at the following locations:
a. Alpha Beta. Shall be located at the rear of the store between the loading area and the back of the lot,
b. Lucky. Shall be located at the rear of the center behind Gold’s Gym and Thrifty Drug Store or at the rear of Lucky’s in the approximate vicinity of the loading area,
c. Safeway. No outside collection facilities shall be permitted; only reverse vending machines will be allowed on the inside of the store in order to preserve customer parking;
4. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil shall not be accepted in commercial zoning districts;
5. Shall use no power-driven processing equipment except for reverse vending machines;
6. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is unattended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
7. Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;
8. Shall be maintained free of litter and any other undesirable materials; mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day; containers shall be maintained in good appearance and condition and be kept clean;
9. Noise levels shall not exceed the noise standards in Section 17.68.030;
10. Recycling facilities shall not be located within fifty feet of a residential property; attended facilities located within one hundred feet of a residential property shall operate only during the hours between eight a.m. and five p.m. on weekdays and nine a.m. and five p.m. on weekends;
11. Containers for the twenty-four hour donation of materials shall be at least fifty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and/or acoustical shielding between the containers and the residential use;
12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
13. All signs shall comply with provisions of Section 15.12.330 and the following sign requirements:
a. Recycling facilities may have identification signs with a maximum of fifteen percent per side or sixteen square feet, whichever is less; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container,
b. Signs must be consistent with the intent of Title 15 of the Foster City Municipal Code,
c. Directional signs, less than three square feet in area and bearing no advertising message, may be allowed with prior planning director approval if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,
d. The planning commission may authorize increases in the number and size of signs upon finding that it is necessary for adequate identification and that it is compatible with adjacent business;
14. The facility shall be landscaped for screening purposes as determined by the planning commission;
15. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;
16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
17. Alternatives which do not result in a reduction of parking spaces should be given priority;
18. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration;
19. The planning commission shall review small collection facilities on the basis of height, scale, colors, materials, location, screening, signage and basic architectural compatibility with the site and surrounding uses;
20. Shall operate at least thirty hours per week between the hours of nine a.m. and five p.m., of which five hours must be on Saturday.
C. Large Collection Facilities. A large collection facility is one that is larger than five hundred square feet. It may be located on a host site or an individual parcel. A large collection facility is permitted in light industrial zones with a conditional use permit, provided the facility meets the following standards:
1. Facility does not abut a property zoned or planned for residential use;
2. Facility will be screened from the public right-of-way by operating in an enclosed building or:
a. Within an area enclosed by a screening fence or wall between six to eight feet in height with landscaping,
b. At least one hundred fifty feet from property zoned or planned for residential use;
3. Setbacks and landscape requirements shall be those provided for in the zoning district in which the facility is located;
4. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Foster City fire marshal. No storage, excluding trailers and transport containers, will be visible above the height of the fencing. Trailers and transport containers shall not be stacked on top of each other;
5. Site shall be maintained free of litter, trash, paper and any recyclable materials, and will be cleaned of debris on a daily basis;
6. Customer parking spaces will be provided onsite in accordance with Section 17.62.060B8;
7. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;
8. Noise levels shall not exceed the noise standards in Section 17.68.030;
9. If the facility is located within five hundred feet of property zoned or planned for residential use, it shall operate between eight a.m. and five p.m. on weekdays and between nine a.m. and eight p.m. on Saturdays. The facility will be administered by onsite personnel during the hours the facility is open;
10. Any containers provided for after-hours donation of recyclable materials will be at least one hundred fifty feet from any property zoned or planned for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials; containers shall be maintained in good condition and appearance and kept clean;
11. Donation areas will be kept free of litter, trash, paper and recyclable material, and the containers will be clearly marked to identify the type of material that may be deposited; facilities shall display a notice stating that no material shall be left outside the recycling containers; these signs shall require prior planning commission approval under Section 15.12.330;
12. Business identification signage shall comply with Title 15, and shall require prior planning commission approval; directional signs, less than three square feet in area and bearing no advertising message, may be installed with the approval of the planning director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
13. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved by the planning commission if noise and other conditions are met;
14. The planning commission shall review collection facilities and storage containers on the basis of height, scale, colors, materials, location, screening, signage and basic architectural compatibility with the site and surrounding uses;
15. Any exterior modification or additions to an existing building or any new structures shall require planning commission review and approval prior to construction.
D. Processing Facilities. A light processing facility is permitted in light industrial zones with a conditional use permit. Heavy processing facilities shall not be permitted in any zoning district within Foster City. A processing facility shall meet the following conditions:
1. Facility does not abut a property zoned or planned for residential use.
2. Processors will operate in a wholly enclosed building except for incidental storage, or:
a. Within an area enclosed on all sides by a screening fence or wall not less than eight feet in height and landscaped on all street frontages; such fences or wall shall be set back a minimum of twenty feet from the front property line, or to the satisfaction of the planning commission;
b. Located at least three hundred feet from property zoned or planned for residential use.
3. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and shorting of source-separated recyclable materials and repairing of reusable materials.
4. A light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous (iron) metals other than food and beverage containers.
5. A processing facility may accept used motor oil for recycling from the generator with prior approval from the Foster City fire marshal and in accordance with Section 25250.11 of the California Health and Safety Code.
6. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Foster City fire marshal. No storage, excluding truck trailers and transport containers, will be visible above the height of the fencing; trailers and transport containers shall not be stacked on top of each other.
7. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present; containers shall be maintained in good condition and kept clean. The site shall be maintained in accordance with Chapter 9.52.
8. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as required by Chapter 17.62.
9. Noise levels shall not exceed the noise standards in Section 17.68.030.
10. If the facility is located within five hundred feet of property zoned or planned for residential use, it shall operate between eight a.m. and five p.m. on weekdays and between nine a.m. and five p.m. on Saturdays. The facility will be administered by on-site personnel during the hours the facility is open.
11. Any containers provided for after-hours donation of recyclable materials will be at least one hundred fifty feet from any property zoned or planned for residential use; shall be of sturdy rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
12. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facilities shall display a notice stating that no material shall be left outside the recycling containers; these signs shall require prior planning commission approval under Section 15.12.330.
13. Business identification signage shall be in accordance with Title 15 and shall require prior planning commission approval.
14. No dust, fumes, smoke, vibration or odor above ambient levels may be detectable on neighboring properties.
15. The planning commission shall review collection facilities and storage containers on the basis of height, scale, colors, materials, location, screening, signage and compatibility with the site and surrounding uses.
16. Any exterior modifications or additions to an existing building or any new structures shall require planning commission review and approval prior to construction. (Ord. 343 § 1 (part), 1988)